Simple assault (s. 39 CJA)
AR: Cause the victim to apprehend immediate and unlawful force
MR: Intention or recklessness to apprehend immediate and unlawful force to s.o.
Summary-only offence
Max sentence: 6 months
Battery (s. 39 CJA)
AR: Inflict unlawful force on s.o.
MR: Intention or recklessness to inflication of unlawful force
- Summary-only offence
- Max sentence: 6 months
Actual bodily harm (s. 47 OAPA)
AR: Inflict actual bodily harm to s.o.
MR: Intention or recklessness to cause simple assault/battery, i.e. inflict unlawful force or cause someone to apprehend force
Either-way offence
Max sentence: 5 yrs
Wound or cause grievious bodily harm (s. 20 OAPA)
AR: Wound or inflict grevious bodily harm
MR: Intent or recklessness to cause actual bodily harm
Either-way offence
Max sentence: 5 years
Wound or inflict grevious bodily harm with intent (s. 18 OAPA)
AR: Wound or inflict grevious bodily harm
MR1: Intention to cause grevious bodily harm
MR2: Intention or recklenesses to resist arrest and cause actual bodily harm in the process
- Indictable-only offence
- Max sentence: LIFE
Theft (s. 1 TA)
AR: Appropriation of property belonging to another
MR: Dishonesty + intention to permanently deprive s.o. from something
Either-way offence
Max Sentence: 7 years
Exceptions to dishonesty in theft - s. 2 TA
- Belief in their legal right to the property
- Belief in owner’s consent to the appropriation
- (Particular defendant’s) Belief that owner cannot be found by reasonable steps
- S.2(2) – may still be dishonest if willing to pay
How to assess dishonesty?
- Clear dishonesty
- S.2 TA dishonesty exceptions
- Ivey dishonesty civil test
Subjective – (personal) actual knowledge of the defendant as to the facts
Objective – was D’s conduct honest or dishonest as assessed by objective standards of ordinary, decent people?
Low Value Shoplifting
- S. 22A of the Magistrates’ Courts Act
- Same AR and MR as theft, but stolen goods up to 200 GBP
- Summary-only offence with a max sentence of 6 months, unless the defendant elects Crown Court
Aggravated Theft/Robbery - s. 8 Theft Act 1968
AR: Same as Theft + use of weapon or force
MR: Same as Theft
Indictable-only - LIFE
Burglary - s. 9(1)a of TA
AR: Enter a building as a tresspasser
MR: Knowledge or recklessness as to being a tresspasser
+
Intention to cause criminal damage, grevious bodily harm or to steal
Either-way offence
Max sentence: 10 yrs for commercial property, 14 yrs for residential property
Burglary - s. 9(1)b TA
AR: Enter a building as a tresspasser
+
Commit: theft, attempted theft, cause grevious bodily harm or attempted GBH
MR: Knowing / reckless as to tresspassing
+
Intention to commit theft, attempted theft, cause GBH or attempted GBH
- Either-way offence
- Max sentence: 10 years for commercial buildings or 14 years for dwelling houses
Aggravated Burglary (s. 10 TA)
AR: Same as Burglary under 1a and 1b, but using a weapon or a firearm
MR: Same as Burglary
Simple Criminal Damage - s. 1(1) CDA
AR: Destruction or damaging of property belonging to s.o. else
MR: Intention or recklessness to destruction or damaging + knowledge that the property belongs to another
Defence: without a lawful excuse (honest belief in the owner’s consent + protection of property)
Either-way offence
Max sentence: 10 yrs
Low-value Criminal Damage
Same as Simple Criminal Damage but up to 5,000 GBP
Summary-only offence, unless it is done with fire or against a memorial
Max sentence: 3 months
Aggravated criminal damage - s. 1(2) CDA
AR: Destruction or damage to property belonging to self or another
MR: Intention or recklessness to destruction or damaging property + endangering life of self or another
Indictable-only
Max sentence: Life
Arson
Criminal damage + Fire
No lawful excuse defence
Max sentence: Life
Murder
AR: Unlawfully killing another
MR: Intention to kill or cause GBH
- Indictable ONLY
- Max sentence: LIFE
Voluntary manslaughter (Partial defences to Murder)
- Loss of control:
- Qualifying trigger
- Person of normal degree of tolerance and age would act the same
D to discharge evidence and Prosecution to prove beyond reasonable doubt.
- Diminished responsibility:
- Abnormal mental functioning
- Recognised medical diagnosis
- Prevents D to control themselves, to exercise reasonable judgment and understand the nature of their actions
- This caused the act or omission that led to the killing
Onus on D to prove on the balance of probabilities.
Unlawful act manslaughter + Gross negligence manslaughter
Unlawful act manslaughter:
-AR: D commits an unlawful and dangerous act that causes the death
-MR: of unlawful act
Gross negligence manlaughter:
All elements for a negligence claim: duty of care, breach, causation + gross negligence and deserve a criminal prosecution
- No INTENTION or RECKLESSNESS required - a strict liability offence
Indictable only - max sentence - LIFE
Fraud by false representation – s. 2 FA
AR: False respresentation
MR: Dishonestly + Knowing it is false + With the intetion to gain for self or cause loss to s.o.
Either-way offence
Max sentence: 10 yrs
Fraud by abuse of position of financial trust – s. 4 FA
AR: Abuse the position to safeguard s.o.’s financial interests
MR: Dishonestly + Intention to gain for self / cause loss to another
Either-way offence
Max sentence: 10 years
Fraud by failing to disclose information – s. 3 FA
AR: Failing to disclosure information under a legal duty to disclose
MR: Dishonestly + Intention to gain for self / cause loss to another
Either-way offence
Max sentence: 10 years
Subjective Recklessness Test
Objective: the risk was unjustifiable and unreasonable
Subjective: D foresaw that and went on to take the risk anyway
